Declaration Concerning Rights of Heirs

What is the position when not all the deceased's property is covered by a will he made?

An order called Probate can be granted relating to the property mentioned in the will, and a separate Inheritance Order can be granted regarding the rest of the estate, which will be divided up according to law.

What exactly does an Inheritance Order do?

It is designed to declare who the heirs are, identify both them and their share of the deceased's estate. The Inheritance Order does not create the rights in the estate – it merely makes a declaration about them.

Who is entitled to ask for an order to distribute the estate according to law when there is no will, or it is disputed?

The deceased's heirs according to law.

How can a dispute over property in a deceased's estate be solved ?

If the dispute is about inheritance rights the family court has the jurisdiction and powers to decide on the dispute and grant an appropriate order to divide the estate according to law, or a will, or a combination of the two.

Is there any other way to get a declaration about a dispute in inheritance rights according to law other than fighting it out in court ?

No only the court has jurisdiction to declare about inheritance rights.

What is the legal status of an inheritance order granted outside Israel?

A foreign inheritance order concerning property in Israel cannot be enforced in Israel. A separate and additional process for the granting of an order must be obtained in Israel.

Which court has jurisdiction to decide on an inheritance battle between relatives of the deceased and people or institutions who are not related to them ?

The family court.

Can an heir under law claim his inheritance rights if a long time has passed since the deceased’s death and the inheritance order has not been granted ?

No – the inheritance order must be granted first !

When filing an application for an inheritance order , does one have to supply the Inheritance Registrar with details about the property in the estate ?

No! This is unnecessary as the Inheritance Registrar makes a declaration about the heir's rights in the estate in the order, and does not deal with the size or extent of the property in it .